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People v. Villa, No. C059808

Trial court's conviction and sentence of defendant as an adult to two years in state prison for gross negligence in discharging a firearm, possession of a firearm by a juvenile previously adjudged a ward of the juvenile court, and related offenses is affirmed where: 1) the prohibition of juvenile possession of firearms is not unconstitutional as applied; 2) the prohibition of possession of a loaded firearm is constitutional; and 3) the trial court erred by sentencing defendant without the fitness hearing required by Penal Code section 1170.17, but the error was harmless absent a showing to the contrary.     

Read People v. Villa, No. C059808

Filed October 15, 2009


Opinion by Judge Robie


For Appellant:  Jackie Menaster

For Appellee:  Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans, Supervising Deputy Attorney General, Jeffrey A. White, Deputy Attorney General